—Divorce
Most of it happens outside a courtroom.
People imagine a divorce as a trial. In practice almost all of the work is agreeing things, and the better that is done, the shorter and cheaper everything after it becomes.
01The sequence
What actually happens, in order.
Nobody sets this out for you, so here it is in full before you decide anything.
Week one
Summons is issued
One of you starts it. Being the one who starts it carries no advantage and no blame; the court does not care who went first, and neither does anybody who reads the file afterwards.
Weeks two to five
The other side responds
Ten court days to give notice of intention to defend, twenty to plead. Missing those dates is the commonest way an uncontested divorce becomes an expensive one.
Weeks three onward
Everything is agreed, or it is not
Assets, maintenance, and the children. Almost all of the work happens here and almost none of it happens in a courtroom.
Before the hearing
A settlement agreement is drafted
This is the document you will live with for years. It deserves more of your attention than the hearing does, and it is where a careful attorney earns the fee.
The last morning
The court grants the order
Unopposed, this is short. One of you attends, we are there with you, and it is finished in a morning.
02What it costs, and how long
Uncontested, no children, everything agreed
From R12,500
Six to ten weeks
Uncontested, with children
From R18,000
Eight to fourteen weeks
Contested
Quoted per stage
Months
Quoted per stage, in writing, before the stage begins. Court fees and the sheriff’s costs are separate, and we will tell you what they are rather than let them appear on an invoice.
The full scheduleFind out where you stand before anyone else knows.
The first conversation is privileged, whether or not you ever instruct us.